ADEA, Age Flashcards

1
Q

Applies to?

A
ADEA    All public ERs.     
-----------
#s LEAD Aging for All of us.
-----------
1981, 1983, 1985
fLsa
Epa
ADa  (pub serv)  [emp = 15+]
ADEA
All public ERs.
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2
Q

Who administers?

A

EEOC

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3
Q

What does ADEA protect?

A

Applicants [except disparate treatment] & Employees
40 y.o.a.

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4
Q

What 2 types of claims are under ADEA?

A

Discrim + Harassment

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5
Q

Pre-Reqs

A

300 + (can sue after 60) + 90

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6
Q

Do you need a rt to sue ltr?

A

Old guy (40-60 yrs old) should not wait too long.
———-
Can sue 60 days after filing claim w/o waiting for ltr from EEOC.

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7
Q

Can you sue an indiv?

A

No.

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8
Q

Do you have to prove that belonging to a suspect class is the only reason for the adverse employment action?

A
ADEA
-----------
YES.  But for.  UNIQUE.
-----------
But for our #s being Old + Disabled, we'd Retaliate.
-----------
ADEA, ADA + 1981 + retaliation
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9
Q

Burden

A
ADEA
-----------
1 step.  But for age.
-----------
But for being Old, 1981 Disabled Retaliated.
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10
Q

4 Defenses

A
ADEA
-----------
old BOSses DIe
BOFQ
Other than age
Seniority system
Disparate Impact from app of bona fide EE benes.
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11
Q

ADEA
What 6 items of damages are available?

A
ADEA
-----------
Liquidated (amt of back pay) if willful + JEFF’s Lost Benes.
1.   Liquid
2.  Jury trial.
3.  Equitable relief.
4.  Front pay (if can't reinstate)/Back pay	
5.  Fees (atty) + C
6.  Lost benes.
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12
Q

What other theories of recovery offer ADEA’s damages?

A
Punis + JEFF + Lost Benes
-----------
All #s + A.M. ALE
-----------
1981, 1983, 1985
[A.M. ALE - drinking in the a.m.?  that's a lot of liquid]
Adea 
fMla  (3 yrs) + interest
Ada
fLsa  (3 yrs)
Epa  (3 yrs)
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